People make mistakes while driving all the time. Drivers get distracted and may cause an accident. However, this does not automatically mean that they have committed a crime. Sometimes, police and other law enforcement officials might be quick to assume alcohol or drugs were involved in the accident. These assumptions could lead to drunk driving charges. Despite what law enforcement officers may think at the time of the accident, they need proof of drug or alcohol use in order for a DUI charge to stick in Oregon.
On Sept. 24, an Oregon driver hit the back of a stopped school bus while driving a car. Police were called to the scene and suspected that the driver had been drinking. The police allegedly had received a tip from a caller that someone had been drinking before driving off after a fight. Police claim the driver of the car that hit the bus was the same person they were called about.
No one was hurt in the accident, but the driver was taken to the hospital. However, it is unclear how or why police think the driver was intoxicated or why they think it was the same person from the call. Furthermore, they need evidence to show that the driver they were called about was actually driving under the influence.
Most often police and prosecutors will rely on breath tests or field sobriety tests to determine a person's blood alcohol content. If the BAC is above .08 then DUI charges can be brought. However, these tests can be flawed and offer mixed results. Those charged with driving under the influence, possibly like the driver in this case, should question the validity of these tests and force the prosecutor to show concrete evidence of the driver's BAC.
Source: The Oregonian, "Impaired driver rear-ends school bus south of Hillsboro, deputies say," Rebecca Woolington, Sept. 24, 2012
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